A lower court properly dismissed a self-represented worker's fourth attempt to state a proper cause of action against his former employer, which he charged had harassed and fired him after he filed a workers' compensation claim.

The conclusive presumption of total dependency under section 3501, subdivision (a), is invalid and that, pending action by the Legislature, all applicants must be left to establish proof of dependency under section 3502.

Where the employee relies solely on temporal proximity in response to the employer's evidence of a nonretaliatory reason for termination, he or she does not create a triable issue as to pretext, and summary judgment for the employer is proper.

Today's Round Up

03/20/2018 |
41 |
0 |
min read

The North Carolina Department of Insurance has hired 15 new agents to fight a rising tide of insurance fraud.
Mike Causey
The state's General Assembly last year appropriated $2.4 million to hire the agents after fraud arrests jumped to 334 in 2017, a 60% increase from the previous year, state Insurance Commissioner Mike Causey said in news release. Each month, the department receives 400 to 500 fraud complaints, Causey said.
The new agents were trained at the department's anti-fraud academy and include a crime analyst, forensic accountant, attorneys and special agents.
...
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03/19/2018 |
160 |
0 |
37 min read

Texas could make better use of stop-work orders to crack down on employers who misclassify workers as contractors to avoid paying workers' compensation, a Washington, D.C., think tank said this week.
Andrew Elmore
The Migration Policy Institute, which studies migration worldwide, on Thursday released a study that shows immigrants are twice as likely as native-born workers to be employed in industries in which labor violations are widespread.
Misclassifying workers as independent contractors is common in low-wage businesses, the report said.
Some states, including Texas, are not ...
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